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Our next guest in Chicago or something it's -- -- only in the news today recipes actually been taking place the last couple of years they gradually getting more notoriety.
And it's causing more problems for some companies for that matter some famous people's -- called cyber squatting.
Evan brown is senior counsel with -- info log group you can follow met Internet cases -- his he's a Twitter handle I think for joining us from Chicago.
-- thank you -- it's great to be here.
Yet you know -- the case has gotten the most news lately is about this up Pensacola college and there's been an update to now the the website that the student had been busy holding hostage for about ten years.
Is now redirecting to the website for the college but.
Explain cyber squatting in layman's terms for somebody at home who may not have heard about it or may not really care about it at this point.
Right cyber squad.
Is a problem with domain names a win.
One -- and or a company.
Registers that domain name you know that word that comes before the dot com -- the dot org -- that name really belongs to someone else some other company's trademark and so.
There are some legal issues that come up often you know countenance as as trademark issues when that happens and and oftentimes.
These situations can be be really problematic the law doesn't always provide clear answers but but cyber squatting is this problem where somebody register someone else's name.
As -- as a domain name that dot com or dot org name.
That so forget -- -- right there we have a graphic up there for our viewers at home for somebody.
In simple layman's terms -- be like somebody getting Adam -- dot com.
And putting up a website that might have.
You know -- -- talk about -- you know and have a big thing about badminton and I'm I'm a baseball fan as mentioned that for for lack of a better example.
The -- being AB CEO as a person it's -- -- -- is it a little more difficult for a person rather than a corporation's offer examples of someone.
Have gotten foxnews.com before fox got it and put up a bad -- website.
What's it it -- -- person have more leverage or does a corporation have more leverage or is about the same.
It's probably about the same the you know federal law addresses this problem it's called the -- cyber squatting consumer protection act as part of the trademark.
Statute and -- so often times companies will assert their trademark rights you know their brand name that's being.
That they that that form of intellectual property that they use to identify themselves in the marketplace so the law recognizes.
Companies interest but the law also.
Recognizes individuals interest as well so if a person's name is being registered and it's being used in bad faith though the law in certain circumstances does.
Provide a remedy to that individual as well so you know there's there's a little bit of something for everyone a little bit of of redress that that both companies and individuals can get it's it's -- it's a problem for.
You know corporate company identity and also the identity of individuals as well.
-- we put together some graphics are folks at home to to talk about the protection act and we can get a run through those two.
On to let you know what you have in -- an order of -- protection.
I was so those in fact you mentioned -- opposes civil liability -- a person explain that who without regard to the good -- service of the parties.
I'm basically has -- bad faith intent to profit from that mark including a personal name which is protected as a -- the section so.
Obviously a lot of legal jargon there throughout what does that say for those at home.
Well it it's pretty simple if that -- let's just keep it in the context of of a company or organization know the story that we're talking about here is a college.
You know it it has to assert that it has trademark rights and that somebody else has registered a domain name that is confusing we similar to that to that trademark.
And that's usually pretty easy to show you you just look at how -- what the words are you you have compare their appearance and their connotation that's that's pretty straightforward.
It becomes more problematic when you're getting into this question of whether or not the domain name is registered in bad faith.
You get some really interest being story some really interesting cases on this because a lot of times.
People who registers these domain names for some other reason than setting up a competing enterprise they'll set up what we call a gripe site where there they're upset about the organization and they'll put a bunch of negative commentary -- that knew this was common you know before -- Yelp was so popular as a way to -- that's right your frustrations on line so that question a bad faith.
Is sometimes problematic because the courts recognize we have a free speech interest in being able to it to communicate these things and it's not always clear that that bad faith intent.
Goes to get a profit.
Off of that domain name it could be some non commercial protected speech that the courts are often willing to allow.
Right Elijah to our last graphic for our our folks in New York on the last got the kind of explains what you're talking about -- -- is -- putting up a website.
That is similar to what you're trying to do it in the case of up for example.
A famous market is famous time registration of the domain -- name is identical are confusing me similar.
Or diluted of of that mark so for example let's say you had foxnews.com that you put up you know foxnews.com.
But you might might you change the -- spelling or something like that right is that we had that kind of what that's saying to try to.
It basically engage somebody would be looking for Fox News for example.
Dad does that goes -- that first.
Point you know whether or not it's confusing we similar and clearly that would be something that that's very similar but the analysis -- -- in there it looks.
To really what's going on in the mind of the person who registered the domain name and you can look at what they end up doing with the website that they build there if it's just a gripe site.
And there's no -- for example they don't try to hold it hostage like call up.
The the trademark -- and say pay me a 100000 dollars and I'll give this back to you.
You know absent that it's pretty hard to show that there is that bad -- there that would require it to it to be right turned over but that is a common tactic to.
To register a domain name that dad is comprised of of another company's trademark it's a pretty effective way of -- of getting -- message across on line.
Absolutely Evan brown senior counsel with info log group joining us from Chicago to -- I think so much for coming in appreciate your time.
Great thank you Adam it's my pleasure.
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